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Home My WebLink AboutCC MINUTES 07.20.21 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 CITY OF TUSTIN REGULAR JULY 20, 2021 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE HOUSING AUTHORITY AND LOCAL REUSE AUTHORITY Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk Ryan Gallagher, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 4:30 P.M. CALL TO ORDER — #3001 at 4:30 p.m. ATTENDANCE — Present: TTENDANCE —Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager PUBLIC INPUT — None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1 . CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (4 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 case) 3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case) A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 related to a written threat to initiate litigation against the City for City Council July 20, 2021 Meeting Minutes Page 1 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 alleged violation of the California Voting Rights Act. 4. LABOR NEGOTIATIONS — [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization- Tustin Municipal Employees Association TMEA Employee Organization- Tustin Police Officers Association—Management Unit TPMA Employee Organization- Tustin Police Officers Association—Officer Unit TPOA Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization- Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization- Unrepresented Part-Time Employees MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL/TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3001 at 6:17 p.m. INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Council Member Gomez PUBLIC INPUT — 1 . John Garay 2. Brandon Martinez (addressed the City Council during the meeting and submitted an e-mail which was distributed to the City Council) 3. Jacob Cordova (submitted an e-mail which was distributed to the City Council) 4. Alexandra Conley (submitted an e-mail which was distributed to the City Council) CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council gave direction to its labor negotiators. Other than that, there was no reportable action. The City Council will reconvene to Closed Session following the conclusion of Open Session. City Council July 20, 2021 Meeting Minutes Page 2 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 CONSENT CALENDAR ITEMS 1-7 — It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff. Roll Call — City Clerk Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 15, 2021 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON JULY 9, 2021. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on June 15, 2021 and the Special Closed Session Meeting of the City Council held on July 9, 2021 . 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Motion: The City Council approved Payroll in the amount of $898,890.67 and $967,261.46; and Demands in the amount of$6,532,576.37. 4. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH FAMILY PROMISE OF ORANGE COUNTY, INC. FOR 1941 EL CAMINO REAL Request for approval of the First Amendment to the Disposition and Development Agreement (DDA) between the City of Tustin (City), Tustin Housing Authority (Housing Authority) and Family Promise of Orange County, Inc. (Family Promise) for the transitional housing project located at 1941 EI Camino Real. Motion: Authorized the City Manager and Housing Authority Executive Director to execute the First Amendment to the DDA between the City, Housing Authority and Family Promise of Orange County, Inc., subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney. City Council July 20, 2021 Meeting Minutes Page 3 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 5. PROJECT FUNDING FOR THE ASSEMBLY BILL 2766 (MOTOR VEHICLE REGISTRATION SUBVENTION) FUNDING PROGRAM The City Council authorizes the use of the City's disbursement of Assembly Bill (AB) 2766 funds to offset costs for State mandated vehicle emission reduction programs implemented by the City of Tustin. This year, the City Council is being requested to allocate the projected AB 2766 disbursements for Fiscal Year (FY) 2020/2021 and FY 2021/2022 to fund the purchase of five (5) electric and/or hybrid vehicles and electric vehicle charging infrastructure. Motion: The City Council approved a supplemental appropriation in the amount of $199,875 and authorize the use of the City's projected AB 2766 disbursements for FY 2020/2021 and FY 2021/2022 to fund the purchase of five (5) electric and/or hybrid vehicles and electric vehicle charging infrastructure. 6. TUSTIN LANDSCAPE & LIGHTING REASSESSMENT DISTRICT 2021 BALLOT TABULATION RESULTS All property owners in the boundary of the Tustin Landscape & Lighting Reassessment District 2021 (Reassessment District 2021) were provided an opportunity to vote their support or opposition to forming the new district which would fully fund current maintenance services. Ballots were only counted if received prior to the close of the Public Hearing on June 15, 2021 . Ballot tabulation began immediately following the Public Hearing and final results were available the following day. This report serves as official notification to the Tustin City Council and community that the Tustin Landscape & Lighting Reassessment District 2021 did not garner enough property owner support to be formed. The Tustin Landscape and Lighting District will remain in effect and approved assessments will be collected by the Orange County Tax Collector on property tax bills and remitted to the City. Motion: The City Council received and filed this report. 7. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Adoption of the attached Resolution and Memorandum of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Municipal Employees Association (TMEA) in accordance with City Council direction. Motion: The City Council adopted Resolution No. 21-57 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1 , 2021 through June 30, 2024. RESOLUTION NO. 21-57 City Council July 20, 2021 Meeting Minutes Page 4 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT PUBLIC HEARING ITEMS 8-10 8. ADOPTION OF A RESOLUTION ESTABLISHING A COMPREHENSIVE FEE SCHEDULE PowerPoint presentation by Director of Finance Jason AI-Iman and Consultant Tony Thrasher. The City recently completed a Comprehensive User Fee Study to determine the current cost of providing services and to ensure that user fees and charges do not exceed the costs of providing services. Industry best practices recommend that a comprehensive review of cost of services and fees be performed every three to five years. The City's user fees and charges have not been updated since 2008, and as a result, costs have increased over time while user fees and charges have remained unchanged. On May 24, 2021 , a study session was held with the City Council to review the User Fee Study and to provide an opportunity for public input on the recommended fees. At this time, it is recommended that the City Council proceed with a public hearing to consider adoption of the recommend fees, which are proposed to take effect on October 1 , 2021 . Public Hearing opened at 6:39 p.m. Public Input — None Public Hearing closed at 6:40 p.m. It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard to adopt Resolution No. 21-54, Establishing and Adopting Updated Development Processing Fees and Other City Rates, Charges, and User Fees for Various Government Services. Roll Call — City Clerk Motion carried: 5-0 RESOLUTION NO. 21-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES City Council July 20, 2021 Meeting Minutes Page 5 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 9. ZONE CHANGE (ZC) 2020-0001 PowerPoint presentation by Senior Planner Samantha Beier This project includes a proposed zone change for the property located at 1382 Bell Avenue, from Planned Community Industrial (PC-IND) to Planned Community Industrial (PC-IND/BUS) District, and a request to apply Tustin City Code (TCC) parking standards for offices exceeding 25,000 square feet. This zone change would allow professional and general offices and all other permitted land uses in the PC- IND District. The modification to parking requirements would provide greater flexibility for prospective office tenants within this planned community district by updating the district's parking requirements to match current TCC parking standards. No construction is proposed in conjunction with this project. On June 8, 2021 , the Planning Commission adopted Resolution Nos. 4429 and 4430, recommending that the City Council approve the proposed requests. APPLICANT: SETH HIROMURA STEELWAVE, LLC 3335 SUSAN ST#250 COSTA MESA, CA 92626 PROPERTY STEVE BENOS OWNER: GVI-SW BELL OWNER, LLC 900 N. MICHIGAN AVE #1450 CHICAGO, IL 60611 Public Hearing opened at 6:56 p.m. Public Input — None Public Hearing closed at 6:59 p.m. It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper to approve the following: 1 . Adopt Resolution No. 21-56 adopting the Final Negative Declaration as adequate for ZC 2020-0001; and, 2. Introduce and have first reading, by title only of Ordinance No. 1514 approving ZC 2020-0001, to rezone the property located at 1382 Bell Avenue from Planned Community Industrial (PC-IND) to Planned Community Industrial/Business (PC-IND/BUS) and to apply TCC parking standards for offices exceeding 25,000 square feet to the PC-IND/BUS district; and set a second reading at the August 3, 2021 , meeting. Roll Call — City Clerk Motion carried: 5-0 City Council July 20, 2021 Meeting Minutes Page 6 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 RESOLUTION NO. 21-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE NEGATIVE DECLARATION FOR ZONE CHANGE 2020-0001 TO CHANGE THE ZONING DESIGNATION OF 1382 BELL AVENUE FROM PLANNED COMMUNITY INDUSTRIAL (PC-IND) TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) AND TO APPLY CITY CODE PARKING STANDARDS FOR OFFICES EXCEEDING 25,000 SQUARE FEET. ORDINANCE NO. 1514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2020-0001 TO CHANGE THE ZONING DESIGNATION OF 1382 BELL AVENUE FROM PLANNED COMMUNITY INDUSTRIAL (PC-IND) TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) AND TO APPLY CITY CODE PARKING STANDARDS FOR OFFICES EXCEEDING 25,000 SQUARE FEET 10. AMENDMENT TO THE 2016-17, 2018-19 AND 2020-21 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Federal Housing and Community Act of 1974, as amended, created the CDBG program to return federal funds to local communities for the purpose of developing viable urban communities by providing adequate housing and a suitable living environment and by expanding economic opportunities, specifically for low- and moderate-income persons. Grants are awarded to communities to carry out a wide range of community development activities directed toward neighborhood revitalization, economic development, and the provision of improved community facilities and services. Federal Law related to CDBG programs indicates that HUD will consider an entitlement recipient (City) to be failing to carry out its CDBG activities in a timely manner if, sixty (60) days prior to the end of the current program year, the amount of entitlement grant funds available is more than 1 .5 times the entitlement grant amount for the current program year. In order to meet the timeliness threshold required by HUD, the City would need to spend its allocation expeditiously. As such, the Community Development Department is proposing to amend the 2016-17, 2018-19 and 2020-21 Action Plans by reallocating funds from old activities to the Pine Tree Park Improvements project, which is anticipated to progress during the current 2021- 22 Program Year. Public Hearing opened at 7:00 p.m. Public Input — None Public Hearing closed at 7:01 p.m. It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard to adopt Resolution No. 21-53 amending the Community Development Block Grant City Council July 20, 2021 Meeting Minutes Page 7 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 (CDBG) Action Plan for Program Years 2016-17, 2018-19 and 2020-21 to transfer unspent CDBG funds to the Pine Tree Park Improvements project, which is anticipated to progress during the current 2021-22 Program Year. Roll Call — City Clerk Motion carried: 5-0 RESOLUTION NO. 21-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE 2016-17, 2018-19 AND 2020-21 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher June 23 Attended the Orange County Sanitation District (OCSD) Board of Directors meeting. July 7 Attended the Orange County Sanitation District (OCSD) Operations Committee meeting. July 12 Attended the Orange County Sanitation District (OCSD) Legislative and Public Affairs Committee meeting; discussed the large expansion of the Ground Water Replenishment System (GWRS); reported everything is on schedule and on budget; this is an exciting and innovative project for Orange County. July 16 Attended the Movies in the Park event; thanked Director of Parks and Recreation, Chad W. Clanton; Recreation Coordinator, Stephanie Finn and the Parks and Recreation staff for a great event; was great to see so many people in attendance and everyone was excited to be there; congratulated the Parks and Recreation Department on a great job. Council Member Gomez June 17 Attended the Orange County Mosquito and Vector Control meeting; a presentation on the West Nile virus and the sterile insect techniques was given to help reduce the mosquito population; discussed public outreach on various programs and the customer service training for staff. June 18 Attended the Orange County Department of Education Alternative, Community, and City Council July 20, 2021 Meeting Minutes Page 8 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 Correctional Education Schools and Services (ACCESS) Commencement Ceremony at Mariners Church. June 28 Attended the retirement party for Tustin Unified School District's Chief Personnel Officer, Dr. Charles Lewis and Communications Director, Mark Eliot; Mayor Pro Tem Lumbard presented the City's Proclamation to Dr. Charles Lewis; she presented the City's Proclamation to Communications Director, Mark Eliot; thanked Dr. Charles Lewis and Mark Eliot for their service to the schools, students and families. July 1 Attended the Senior Advisory Board meeting; announced the Tustin Senior Center has started reopening some of their activities; as seniors go to the Senior Center, staff continues to gather contact information in order to follow up with the seniors on their activities; the Tustin Senior Center continues to provide food services to seniors who may have food insecurities. July 2 Attended the Tustin Meadows Ice Cream Social event. July 3 Volunteered at the Tustin Meadows Pancake Breakfast event. July 4 • Attended the Tustin Meadows Fourth of July Parade event. • Attended the Parks and Recreation Fourth of July Fireworks Show at Tustin High School; thanked Parks and Recreation for putting on a fun and well-organized event; was a great event for the City Council and the community. July 9 Attended the Orange County Emergency Medical Care Committee (EMCC) meeting; the following topics were discussed: o Coronavirus vaccine efforts; reported the vaccine efforts are currently going well; the County of Orange has closed most of the super sites and is focusing on the smaller venues and mobile pods for the Coronavirus vaccinations; several organizations are working with the County to help set up the mobile clinics to distribute the Coronavirus vaccine; o The Emergency Diversion Report, which is the ambulance diversion; reported numbers were slightly higher in December 2020 and January 2021 at the end of the Coronavirus surge and has come to reflect normal patterns in the most recent report; o OC Meds Analytics, a new program that reports data on ambulance and hospital times, non-identifiable patient registry information and more; o Hoag Health Center Irvine; which is now providing obstetrician services and maternity services; o Ambulance rates during the annual review; which increased due to minimum wage increase according to the consumer price index; o Updated list of emergency medical providers for the County of Orange, some City Council July 20, 2021 Meeting Minutes Page 9 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 providers are no longer serving the County; o Anaheim Global Medical Center; which is no longer providing obstetric services and are now removed as a cardiovascular receiving center; o Updated standing orders on ambulance services and what staff can do as recommended by the American Heart Association as well as the new state mandates. July 14 • Attended the Orange County (OC) Equity Map Kick Off event; Orange County is taking a data-driven approach to addressing inequality and resource disparities; OC Equity Map is a mapping tool that monitors Orange County's health and social gaps, such as education, housing, food, personal safety, health and wellness, environmental quality, and more; this data tool allows anyone to view by city, zip code, neighborhood and by component in the index. • Attended the Orange County Mosquito and Vector Control Policy and Personnel Committee meeting; discussed revised job descriptions. July 15 Attended the Orange County Mosquito and Vector Control Board meeting; discussed the annual aerial pool survey to evaluate the presence and abatement of insects and mosquitoes; announced homeowners with murky and algae pools that need care will receive a letter to address the issue; point of reference, there's 8,500 pools in the data base. Council Member Cooper No report. Mayor Pro Tem Lumbard June 16 Attended the Newport Bay Watershed Executive Committee meeting; discussed invasive and non-native algae discovered in the Newport Bay; reported there was desire to eradicate the algae; however there have been discoveries that the algae is necessary for plant life. June 17 Attended the world's largest swim lesson at Blue Buoy Swim School; great to have the event back in-person; reminded everyone to stay aware about water safety. June 23 Attended the Tustin Boys and Girls Club Golf Tournament at the Tustin Ranch Golf Course; many community members were in attendance. June 24 Attended the Santa Ana River Flood Protection Agency (SARFPA) meeting. June 28 Attended the retirement party for Tustin Unified School District's Chief Personnel Officer, City Council July 20, 2021 Meeting Minutes Page 10 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 Dr. Charles Lewis and Communications Director, Mark Eliot; congratulated Dr. Lewis and Mr. Eliot on their retirements. Shared that the City hosted Movies in the Park and Concerts in the Park in July; great to see people going out to events; has received very positive feedback from the community. Congratulated Tustin Meadows on their Fourth of July Parade and the City of Tustin for the Fourth of July Fireworks Show at Tustin High School. Mayor Clark Announced after the State of California's June 15th re-opening, people have been eager to get out and attend events; is great to interact with the community in-person again. Congratulated Director of Parks and Recreation, Chad W. Clanton on the Fourth of July Fireworks Show at Tustin High School; was an amazing event; was a great day for the Tustin community having the fireworks show and the Tustin Meadows Fourth of July Parade. Thanked Communications Manager, Stephanie Najera for her hard work shooting Mayor Clark's Corner videos for the Tustin community; received great feedback from the community. Announced continues to hold virtual office hours every last Friday of the month; reported the office hours have been filling up on a regular basis; appreciates the Tustin community scheduling the time to meet with her. Announced upcoming events: • City of Tustin and Orange County's One-Stop Mobile Employment Unit will be at the Tustin Library from 11 :00 AM — 4:00 PM on July 21 , 2021 , please visit oconestop.com/mobile-unit for more information. • Broadway in the Park will be held August 3rd-8th at Peppertree Park; check tacfa.org for more information. • Concerts in the Park will be held on Wednesdays from 6:00 PM — 8:00 PM at Peppertree Park. • Movies in the Park will be held on Fridays at dusk; check the City of Tustin website for locations as they will be at rotating City parks. Closed Session Update — City Attorney David E. Kendig: The Council will reconvene in Closed Session to discuss Items 1 and 2 on the Closed Session Agenda. Recessed to Closed Session at 7:15 p.m. City Council July 20, 2021 Meeting Minutes Page 11 of 12 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55 ADJOURNED at 8:06 p.m. with no reportable action from Closed Session. The next meeting is scheduled on Tuesday, August 3, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. DocuSigned by: DocuSigned by: LETITIA G� A ERICAWM ERICA . DA, Mayor City Clerk City Council July 20, 2021 Meeting Minutes Page 12 of 12